Core Refusal Reason
The application failed to meet the mandatory statutory criteria for an Extension of Duration under Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended), as the development had not commenced and no substantial works were carried out prior to the expiration of the original permission.
Decision Maker's Conclusion
- The development permitted under Planning Ref. 16/1271 had not commenced, and no substantial works were carried out on-site prior to the expiration of the appropriate period on 5th March 2022.
- The application fails to satisfy the mandatory requirements of Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended), which requires that development must have commenced and substantial works be completed to qualify for an extension.
- Legislative amendments introduced by Section 28(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016 deleted the previous mechanism (Section 42(1)(a)(ii)) that allowed for extensions based on commercial, economic, or technical considerations where works had not commenced.
Cited Policies (CDP)
Chapter 9 - Heritage, Landscape & Environmental ManagementSection 9.10.1 Landscape Conservation and ManagementSection 9.11 Landscape Conservation and Management PoliciesChapter 10 Cultural, Social & Social Community DevelopmentSection 10.9 Community Facilities and Services Policies and ObjectivesObjective CF 4 Sport, Amenity and RecreationChapter 13 - Development Management Standards
Decision Document Summary
This application sought an Extension of Duration for a previously granted single-storey sports facility (166sqm) including dressing rooms and meeting spaces at Middlequarter, Inishbofin, Co. Galway. While the original permission (Ref. 16/1271) was granted in 2017, the applicant confirmed that no works had commenced on-site due to the Covid-19 pandemic and economic factors. Galway County Council refused the extension because current planning legislation no longer permits extensions for developmen...SOURCE PDFOpen Original
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